Guatemala's labor laws provide employees with certain rights to leave, including annual vacation, public holidays, sick leave, and parental leave. Understanding these entitlements is crucial for employers to ensure compliance and maintain positive employee relations. The Guatemalan Labor Code outlines the minimum standards for leave, and employers may offer more generous benefits.
This guide provides an overview of the key aspects of vacation and leave policies in Guatemala as of 2025, covering annual vacation, public holidays, sick leave, parental leave, and other types of leave that employers may offer.
Annual Vacation Leave
Guatemalan labor law mandates a minimum amount of paid annual vacation for employees who have worked for a specified period. After one year of continuous service, employees are entitled to 15 days of paid vacation. Vacation time cannot be compensated with additional payment, except in cases where the employment contract ends before the employee has taken their accrued vacation.
- Eligibility: Employees are eligible after one year of continuous service.
- Entitlement: 15 days of paid vacation.
- Accrual: Vacation is accrued annually after completing one year of service.
- Payment: Vacation pay must be provided before the employee takes their leave.
- Timing: The employer determines when the vacation is taken, considering the needs of the business and the employee's preferences.
Public Holidays
Guatemala observes several public holidays each year. Employees are generally entitled to paid time off on these days. If an employee is required to work on a public holiday, they are typically entitled to double pay.
| Date | Holiday Name |
|---|---|
| January 1 | New Year's Day |
| Holy Thursday | Holy Thursday |
| Good Friday | Good Friday |
| May 1 | Labor Day |
| June 30 | Army Day |
| August 15 | Assumption Day (Guatemala City only) |
| September 15 | Independence Day |
| October 20 | Revolution Day |
| November 1 | All Saints' Day |
| December 24 | Christmas Eve (Afternoon only) |
| December 25 | Christmas Day |
| December 31 | New Year's Eve (Afternoon only) |
Sick Leave
Guatemalan law provides for sick leave benefits through the Guatemalan Social Security Institute (IGSS). Employees who are unable to work due to illness or injury are entitled to receive a percentage of their salary while on sick leave, subject to certain conditions and limitations.
- Eligibility: Covered under IGSS after meeting contribution requirements.
- Entitlement: IGSS provides a percentage of the employee's salary.
- Duration: Benefits are paid for the duration of the illness, subject to IGSS regulations.
- Process: Employees must provide a medical certificate from an IGSS-approved doctor to claim benefits.
- Employer Role: Employers are responsible for registering employees with IGSS and making the required contributions.
Parental Leave
Guatemalan law provides for both maternity and paternity leave.
Maternity Leave
Female employees are entitled to maternity leave before and after childbirth.
- Entitlement: 30 days of prenatal leave and 54 days of postnatal leave, for a total of 84 days.
- Pay: Paid by IGSS, typically covering a percentage of the employee's salary.
- Eligibility: Covered under IGSS after meeting contribution requirements.
- Process: Employees must provide a medical certificate to claim benefits.
- Job Security: Employees are protected from termination during maternity leave and for a certain period after returning to work.
Paternity Leave
Paternity leave is granted to fathers following the birth of a child.
- Entitlement: 2 days of paid leave.
- Pay: Paid by the employer.
- Eligibility: Available to all fathers employed at the time of the child's birth.
- Timing: Must be taken shortly after the child's birth.
Adoption Leave
Adoption leave is not explicitly mandated by Guatemalan law, but employers may offer it as part of their benefits package. The terms and conditions of adoption leave, if offered, are determined by the employer's policies.
Other Types of Leave
While not legally mandated, employers in Guatemala may offer other types of leave as part of their benefits package to attract and retain employees. These may include:
- Bereavement Leave: Leave granted to employees in the event of the death of a close family member. The duration and pay may vary depending on the employer's policy.
- Study Leave: Leave granted to employees for educational purposes, such as attending courses or pursuing further studies. This may be paid or unpaid, depending on the employer's policy.
- Sabbatical Leave: Extended leave granted to employees for personal or professional development. This is typically unpaid and may be subject to certain eligibility requirements.
- Marriage Leave: Some employers may offer a few days of paid leave when an employee gets married.
